Comments by "TJ Marx" (@tjmarx) on "Country Club Sued for Not Giving Truck to Man Who Hit Hole-in-One" video.
-
From unicourt
AUSTIN CLAGETT V MORRILTON GOLF & COUNTRY CLUB ETA -NON-TRIAL
Case Summary
On October 10, 2022, Austin Kenway Clagett (“Plaintiff”), represented by Andrew Payne Norwood of Denton & Zachary, PLLC, filed a personal injury lawsuit against Morrilton Golf and Country Club d/b/a Morrilton Country Club and J&C Motors of Morrilton d/b/a Jay Hodge Ford of Morrilton (collectively, “Defendants”), seeking declaratory relief for alleged breach of contract by Defendants. This case was filed in the Faulkner County District Court of Arkansas with Judge Weaver presiding.
In the complaint, the plaintiff claimed, “On October 8-9, 2022, Separate Defendant Morrilton Country Club held a golf tournament titled ‘The Tournament of a Century.’”
The plaintiff alleged that he “saw [a] Separate Defendant Morrilton Country Club’s Facebook post promising ‘a truck . . . to the first person who makes a hole in one on the designated giveaway hole’ on the ‘Arkansas Golf Tournaments!!!’ Facebook group and reached out to Glynna Fisher with Separate Defendant Morrilton Country Club to ask questions about the ‘The Tournament of a Century.’”
Plaintiff then alleged, “On October 4, 2022, Separate Defendant Morrilton Country Club again posted on it’s Facebook page that ‘hole in one wins a truck’ for ‘$375 per team.’”
The plaintiff alleged, “On October 8, 2022, when Plaintiff arrived at the Morrilton Country Club and paid his team’s $375.00 to compete in ‘The Tournament of a Century’ and have an opportunity to win the Ford F-150” and then alleged that “[o]n October 8, 2022 at approximately 2:05 p.m. Plaintiff successfully completed a hole-in-one on Hole 10 on Morrilton Country Club.”
Additionally, the plaintiff alleged, “Since October 8, 2022, Plaintiff has been on contact with Separate Defendant Morrilton Country Club and Separate Defendant Jay Hodge Ford in an attempt to amicably resolve this matter and collect Plaintiff’s 2022 Ford F150 4x4 Supercrew without litigation, but it is now clear neither Defendant intends to provide Plaintiff with the 2022 Ford F-150 4x4 Supercrew in question.”
Plaintiff further alleged, “As a direct and proximate cause and result of Separate Defendant Morrilton Country Club and Separate Defendant Jay Hodge Ford’s joint enterprise to fraudulently induce Plaintiff to pay for an opportunity to win a 2022 Ford F-150 4x4 Supercrew by hitting a hole in one on Hole 10 of the ‘The Tournament of a Century’ on October 8-9, 2022, Plaintiff has suffered damages for which he seeks compensation.”
Plaintiff also alleged, “Defendants breached the contract by failing to transfer title to the 2022 Ford F-150 4x4 Supercrew (Vin Number: 1FTFW1E53NKE49459) to Plaintiff” and that “Defendants knew or should have known that Plaintiff would rely on the promise.”
The plaintiff alleged that “[b]ecause of Plaintiff’s reliance on Defendants’ promise a benefit was conferred on Defendants” and that “Defendants should be estopped from rescinding their promise and should be ordered to transfer title to Plaintiff immediately as promised.”
Plaintiff presented three claims for relief, including claims for alleged breach of contract, promissory estoppel, and attorney’s fees and costs.
In the prayer for relief, the plaintiff requested a judgment for declaratory relief stating that Defendants breached the parties’ contract and that the defendants should transfer the title of the Ford F-150 4x4 Supercrew to Plaintiff. The plaintiff also requested an award for damages, together with costs of litigation
Case Details
Case Number: ********1318
Filing Date: 10/10/2022
Case Status: Pending - Other Pending
Case Type: Personal Injury - Other Personal Injury
Court: Faulkner County Courts
Courthouse: Faulkner County Circuit Court
County, State: Faulkner, Arkansas
1